This is a court application made in terms of s 85 (1) of the Constitution of Zimbabwe (No. 20) Act, 2013 (‘the Constitution’), which section provides for direct access to this Court in the pursuance of the protection of fundamental rights and freedoms as enshrined in Chapter 4 of the Constitution, and also, alternatively, direct access ostensibly motivated pursuant to s 167(5) of the Constitution. More
This is a chamber application for leave to appeal to the Constitutional Court, from a decision of the Supreme Court in terms of r 32(2) of the Constitutional Court Rules S.I. 61/2016. The rule provides that “a litigant who is aggrieved by the decision of a subordinate court on a constitutional matter can apply to the Constitutional Court for leave to appeal against such decision”. More
The constitutional matter before the Constitutional Court (“the Court”) for determination is whether s 353 of the Criminal Procedure and Evidence Act [Chapter 9:07] (“the Act”) is constitutionally invalid. The section authorises the imposition of a sentence of moderate corporal punishment on a male person under the age of eighteen years who is convicted of any offence. The matter came to the Court by way of the procedure for confirmation of orders concerning the constitutional invalidity of any law or any conduct of the President or Parliament made by another court. More
The two accused persons were charged with murder as defined in s 47[1] of the Criminal Law [Codification and Reform] Act, [Cap 9: 23]. The allegations against them were that, whilst at a certain beer drink, they struck the deceased with clenched fists and a stone, intending to kill him, or, despite realising the real risk or possibility that their conduct might cause death, continued with it. The deceased later died on the way to clinic. More
This is a court application brought in terms of s 167(2)(d) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”). The section provides that only the Constitutional Court (“the Court”) may determine whether Parliament or the President has failed to fulfil a constitutional obligation. More
